5/200.01 SEARCH AND SEIZURE

Question 1

What is the fourth amendment ?

Answer 1

The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated and no Warrants shall issue but upon probable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.

Question 2

True or False the Fourth amendment only applies to US Citizens?

Answer 2

False
The rules in this policy apply to all interactions between police and persons within the United States, regardless of citizenship status.

Question 3

True or False, during the course of a reasonable suspicion investigation, an Officer cannot go beyond 60 minutes

Answer 3

60 Minute Rule: An investigative detention based on reasonable suspicion is strictly limited to 60 minutes, NRS 171.123(4).

Question 4

What is the community care-taking doctrine?

Answer 4

A common law exception to the Fourth Amendment based on the public’s expectation that law enforcement may take action to save life or render aid.

Question 5

When can an Officer conduct a search of a person?

Answer 5

With Consent verbal or written, a search warrant and Search Incident to an arrest

Question 6

True or False an Officer needs probable cause to conduct a pat-down

Answer 6

False

The “pat down” is based on reasonable suspicion or articulable facts that the person may be armed and dangerous.

Question 7

Plain View is?

Answer 7

An exception to the search warrant requirement that must satisfy these requirements: (1) the officer must be in a position in which he has a legal right to be; (2) the items must be immediately recognizable as contraband or evidence; and (3) the seizure must be made without substantial addition intrusion.

Question 8

What is Open View?

Answer 8

What a person knowingly exposes to the public is not protected by the Fourth Amendment no matter where the exposure takes place.

Question 9

Seizure is?

Answer 9

A police interference with an individual’s freedom of movement a person’s right to possess or control an item.

Question 10

When is a person not protected by the fourth amendment

Answer 10

1. Open View,
2. Person(s) has no standing to assert a legal right (property right or constitutional right).
3. Trash searches outside the curtilage.
4. Detention facilities.
5. Abandoned property.
6. Searches by a private citizen not acting as an agent of the government.

Question 11

Scenario: An Officer conducts a traffic stop and the driver refuses to Identify himself. Can a driver refuse to identify himself?

Answer 11

No Officers can ask for identification; however, a person is not required to provide government-issued ID. If a person only provides a name, officers may require additional personal identifying information such as date of birth or social security number in order to verify identity.

Question 12

Community Caretaking is?

Answer 12

A non-investigative entry into a structure or curtilage to satisfy a legitimate community concern.

Question 13

Exigent Circumstance is

Answer 13

A time critical exception to the search warrant requirement for the purpose of acting on an investigative emergency, based on probable cause for a criminal investigation.

Question 14

Reasonable Suspicion Stop, also known as a “Terry Stop,” is a seizure of a person for no more than 60 minutes, with the limited scope and purpose of conducting an investigation and for which a police officer must have reasonable suspicion that a person is committing, has committed or is about to commit a crime (NRS 171.123). Is?

Answer 14

Investigative Detention

Question 15

What are the two types of traffic offenses?

Answer 15

Primary and secondary. Primary is a traffic violations speeding, registration etc. Secondary is seat belt, etc.